JAGDISH CHANDRA ROY Vs. URMILA DEVI

JUDGEMENT

(1.) THE defendant no.1 -appellant has preferred this appeal aggrieved by the judgment and decree dated 24th August, 1976 passed by Additional Sub Judge I, Purnea in Title(Partition)Suit No.263/73/ 1st A.S.J.57/75 whereby a decree for partition has been granted to the plaintiff.

(2.) THE facts as uncurtained in this appeal are that the plaintiff and the defendants are the descendants of common ancestor. It is the case of the plaintiff that the parties have got unity of title and jointness of possession with regard to the suit properties and he has sought for partition of his 5 Annas 4 pie share in the suit lands described in detail in the schedule A of the plaint.

(3.) THE suit has been contested by the defendant no.1 who has filed his separate written statement and additional written statement. The defendant no.2, however in his written statement has supported the claim of the plaintiff for partition. In his written statement the defendant no.1 has come out with the case that the plaintiff is entitled to only 4 annas share in the suit property and not to 5 annas 4 pie as claimed by him. It has been further stated in the written statement that the land of Khata No.72 as mentioned in the suit properties are his separate and self acquired property which he has acquired by way of settlement and the land of Khata No. 45 are not joint family property. The defendant has also stated that there had already been partition between the parties 50 years ago.